Revolutionary War Pension and Bounty Land Warrant Application File S 13138, James Gibbon, Penn.

SERVICE
NUMBER
Penn.
Gibbon James
S13138
B.L.Wt. 1538-300
CONTENTS

No. 31.993
Dist. Columbia,
James Gibbon dec d
of _____ in the State of Virginia who was at the time of his death in the Camp: commanded by Captain _____ of the Regt commanded by Genl. Irvine in the Pennsylvania line for 12 mos. Capt. 12 " aid-de-camp:
Inscribed on the Roll of Washington D.C. at the rate of 540 Dollars _____ Cents per annum to commence on the 4th day of March, 1831 & ending on 1 st day of July, 1835 when he died:
Certificate of Pension issued the 12 th day of Oct r 1840 _____ and handed to Ric d . Randolph Esq r . Present,
Arrears to the 4th of March 1835 2160.0
Pension Allowance ending 1 st July 35 } 1740 3 mos. 26 days }
Pay's under Act 18 May 1828 amounting to $ 23340.
{ Revolutionary Claim Act June 7, 1839
Recorded by Theo. S. Moody Clerk Book C. Vol. 6. Page 111.
Payment of the amount to be made to Mary Carter and Richard Randolph, for his late wife Elizabeth Randolph deceased, only surviving children of said James Gibbon deceased.

Washington City -
I Geo. Wm Brump chf of the Pension Office do hereby certify that I was well acquainted with the late James Gibbon of Richmond Va a Navy Officer and knew all his family. When he died (July 1835) he left two children only viz Maria or Mary later who is still living as I am inform- -ed & Elizabeth Randolph wife of Rev. Randolph who died within the last 2 yrs
10 Oct 1842
G. Wm Brump

No 32. 375
James Gibbon dec. D.B.
act. 7. June 1832.
adm?
12 mo. capt.
12. Aid de camp
540 $
from 4 March 31 to 1 July 1835 the day of his death to Mary Carter & Rich d Ran- dolph for his late wife Elizabeth Randolph only surviving children of said James Gibbon dec.
Deduct p r under act of 13 May 1828
Rich d Randolph Present

Declaration,
In order to obtain the benefit of the act of Congress of the 7 th of June, 1832, the undersigned, as executor to the late Maj r James Gibbon, who was a pensioner under the act of 1828. is advised, that under the provisions of the above recited act, the heirs of Maj r Gibbon, are entitled to an additional gratuity, in consideration of his having acted as an aid de camp to Gen l William Irving, during the war of the revolution. The proof required to entitle Maj r Gibbon to a pension under the act of 1828. is on file in the Pension Office, and the papers herewith filed, are deemed fully sufficient to establish the claim to the additional pay which the undersigned now makes for, and in behalf of the persons who are by the law, authorized to receive it.
Richard Randolph, Executor of James Gibbon.
Court of Washington, D.C.
This day Richard Randolph executor of James Gibbon, personally appeared before me, William H. Gummel, a magistrate for the City County aforesaid, and made oath to the truth of the above declaration.
Given under my hand and seal this third day of October 1842.
W. H. Gummel L.S.

County City of Washington Set.
This day William B. Randolph personally appeared before me William H. Grinnell, a magistrate for the County aforesaid, and made oath, that he was personal, and intimately acquainted with the late Maj t James Gibbon; that he was a widower at the time of his death, and that he left only two children: one of them the wife of Richard Randolph, and the other, Mary Carter, then the wife of William Carter, but now, a widow, living in the city of Williamsburg, in the State of Virginia.
Given under my hand and seal this third day of October 1842.
W. H. Grinnell A.S.

No. of Original payment 887
REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT.
13 Nov 1828.
James Gibbon of Richmond in the County of Henrico in the State of Virginia has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such until the end of the war,
at which period he was a Captain in the  regiment of the line; and that he never did received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, Nothing , dollars, paid to him by the agent in the State of
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By order of the Secretary F. D. Dickins.
Secy 13138
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
20 th November 1828
does not
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to Capt. James Gibbon in the Pennsylvania line, amounting to   dollars.
It then appears that James Gibbon  out is now on the pension list of the  any   agency, and has been since the 3 d March 1826  at the rate of   per month.
It does not appear from the records in this office, that Capt. James Gibbon served to the end of the war, or became supernumerary under either of the Resolves of Congress granting half pay or commutation - He appears to have been settled with, and to have received a final settlement Certificate, on the 3 d June 1789 from the Commissioner of Army accounts

for his pay and subsistence as a Captain from the 12 th July to the 31 st December 1781 - See Copy of letter furnished to Major Gibbon John Hagner And

Declaration (P.)
12
1223
For the purpose of obtaining the benefit of an act, entitled an act for the relief of certain officers and soldiers of the army of the revolution, approved on the 15 th May 1828.
I James Gibbon now of the City of Richmond, county of Henrico, and State of Virginia, do hereby declare that I was an officer in the continental line of the army of the revolution: That I was a Captain in the line of the revolutionary army of the United States, on the continental establishment; and that I continued in the service as such, until the termination of the war: and I further declare that I have never received a pension from the United States. Witness my hand this 8 th day of September in the year 1828. James Gibbon
Before me, Miss D. Moore , Notary Public in the county of Washington , District of Columbia , in the State of _____ , personally appeared, this day, James M. Ely " " " and William B. Randolph " " " of the said county, who did severally make oath that James Gibbon " " " by whom the foregoing declaration was subscribed, is generally reputed and believed to have been an officer in the Army of the Revolution, in manner as therein stated.
Witness my hand, the notarial seal, the 31 day of October in the year 1828.
Miss D. Moore Not. Pub.

James Gibson Declaration
From C.A. Copton for Mr. James Gibson
A. Declaration of Major James Gibson

copy.
7
New York, Oct r 13 th 1786.
Dear Sir,
The enclosed is the copy of a Petition which I drew and laid it before Congress.
I have applied to Genl. St. Clair & Irvine respecting the article of your resignation, who can not give a certificate, that will answer any purpose, and therefore declined it.
In regard to the second point in question, I have already acquainted you with my sentiments that a brevet commission, as such, is merely honorary, and is attended with no emoluments whatever — that where any are annexed to it by a particular resolution, no other can be understood than those then expressed, and in your case no more than the pay and rations given by the act for that purpose. The resolves on the subject are as follows, April 30, 1778. that no commission etc (see the resolve) April 1. 1779. the Board of War etc (see the resolve), and September 10. 1783, it was resolved that the Secy of War etc (see the resolve).
I am mortified that I shall not be able to report on the case in your favor, without further information on the first head, and as the resolutions stand in respect to the latter, as you went from the United States on your resignation
the

the presumption is that you could not have done it without the approbation of Congress, unless it was understood that you had relinquished both your appointments.
The enclosed stating will shew you the situation of Capt. Gill's accounts, in which several errors in former settlements have been rectified, and the balance reduced to about 374 dollars - he yet stands charged with 280 specie dollars received from Genl. Green for the balance of the price of those horses purchased by him for his Troop, and with 23.638 dollars old emission, which I wish to have accounted for. I notice also that the certificate from Virginia has not yet ascertained whether Capt. Gill has settled any depreciation account with the State or not, or drew any pay after depreciation had ceased.
I am Sir &c
(signed) M c . Pierce
To
Maj r Gibbon
Page 333.
New York February 20. 1788.
Dear Sir,
Having just arrived at this place, I took an early opportunity to consult with Genl. Knox & Irvine, who are here, on the subject of your demand against the United States, and they are both of opinion that Your

your resignation in 1781 must be deemed conclusive, both in respect to your appointment as a Captain, and as it affects the commutation. I have wished to grant at least the pay, but I find that I shall not be justified in doing it; and it gives me a very particular unhappiness to be obliged to deny what I am sensible your merit entitles you to. The transactions that have taken place in Pennsylvania can be no precedent here, and nothing will cause an opinion of the continuance of your Commission but a direct certificate from the Records of Genl. Washington on the subject.
Your commission was sent by me to Col. Johnston last summer agreeably to your request. Signed M c Pierce.
Capt Ja s Gibbon

Additional Observations arising from the two letters of Major John Pierce to Major Simon Gibbon, the one dated on the 13 th of October 1786. (p 166 in the Letter-book), and the other on the 20 th of February 1788 (p 233. in the same book) - as lately published by Mr. Harper. (By Aron Ogden)
1 The inference from both those letters, that the resignation of one of the commissions necessarily involved in it the resignation of both, are entirely done away by the letter of General Washington of the subsequent date of the 1 st of August 1788.
2. The presumption is very slight, that Major Gibbon must have supposed that he had resigned both commissions, because he left the United States without proper leave of absence, inasmuch as he went for the restoration of his health and was out of command at the time, but it is rather to be supposed that he omitted to ask leave thro' mere inadvertence, for which he only ran the risk of being called to an account - but this inference as contained in p. 166. is entirely done away by the fact, that Major Gibbon received his pay and rations or subsistence as a Captain during the whole time of his absence, as appears from the certified copy of Major Gibbon's receipt as before mentioned in a former remark (See penultimate mark 4).
3 The several resolves mentioned in the Letter-book (p 166) are 1. That of the 30 th April 1778. which provides that a Brevet Officer shall not be entitled to receive any additional pay in consequence of such brevet promotion 2. That of 1. April 1779 which shews that a Major by brevet

was not entitled as such to pay a subsistence 3. The 4 th of September 18 th 1783 which states that Brevis commissions do not entitle to pay or emoluments unless the same be expressed in the resolution granting such commission.
The answer to all this is that the pay of Captain was not derived from Major Gibson from his recent commission, but from a distinct resolution of Congress granting to him that pay, in virtue of which he actually drew his pay as Captain from the time of his resignation as Lieutenant on 1 st January 1782 which states that he was so entitled during all time which is sufficient for the purpose of answering the objection that he was not entitled to pay of a Captain at the time of the passage of the half-pay act, when it had been expressly granted to him by a special resolution long before that time, and it is equally clear that he was an officer at that time which is all that can be required. [Sep. 24. 1779. vol III p. 368]

Olin
after a voyage of some magnitude. I am safe here tho' without my serious fears of again visiting my old place of confinement, the vessel in which I was having been attacked at anchor in the bay. by some refugee boats with 20 men each which took in the night & under circumstances as a very tough one to us, we beat off.
My health is now much improved by the voyage and I think in a few weeks, should there be any necessity for my services, I can take my station again - the place in my family, being occupied by my friend D. Rose. I can scarce expect to remain it still however as you are attached on a particular service you may be permitted to have an extra aid - in that case I shall be ready to join you - be pleased accept to me in this & and excuse yours & of the affe
Yours affecly Olin J. H. Smith
Nov 3. 1781 Phil a
Brigadier Gen l Irvine Castle
Brigadier
This copy I found recently among some old papers J. H. -

4 remarks on these Letters
Note 1. I sent the resignation of the regim. intell. corps. to Genl. Washington in March 1781, then at Newburg. Which was returned to me in May 1781 with this endorsement to Lieut. Genl. Sullivan at his own request is permitted to resign - This Comf. with the brevet & other papers were sent to the Comf. of army acc d in order to show that the one was resign'd & the other not. else why would the Comf. of army acc d settle with, & pay me, as a Capt. in the line of the Army up to 7 Jan y 1782
Note 2. Genl. Knox & Genl. Irvine, had not at the time any knowledge of the opinion of Genl. Washington - after this the matter slept - the originale letter of Genl. Washington, was sent with other papers alluded to and lost or mislaid by w ch they were never returned to me
Note 3. this Commission must have been the brevet Genl. Knox founded his opinion solely on the idea that the resignation of the Comf. of Lieut. involved that of the brevet - altho I had not acted under the first from the time of my receiving the last -

(By Aaron Ogden) In the case of Major James Gibbon.
Major Gibbon, by a resolve of Congress of July 1779, was appointed a Cap- tain by Brevet, with the Pay and Subsistence of a Captain from the preceding and was commissioned accordingly.
If Major Gibbon ever resigned this Commission, he certainly is not entitled to the benefit of the Act of 15. May 1828. but, if otherwise, he is, evidently, under the foregoing resolve, entitled to the pay of a Captain of Infantry in the Line of the army of the Revolution.
As Major Gibbon declares, on his oath that he never did resign this Commission, the contrary on the affirmative should plainly appear, of which the only evidence is, that in March 1781. he sent in to the Com- mander in Chief, a resignation of a Commission of Lieutenant in the 6 th Pennsylvania regiment, who returned it in May 1781 with the follow- ing endorsement -- Lieutenant James Gibbon, at his own request is per- mitted to resign.
The only question is whether, from the above resignation of a Lieutenant's Commission in the 6 th Pennsylvania regiment, it must necessarily be inferred, that Major Gibbon at the same time, resigned his higher commi- ssion of a Captain in the army at large.
According to a certified copy of a Letter to Major Gibbon from General Washington dated August 1. 1780 it appears, that the General, to use his own words,

did not think ~ That it was absolutely necessary, that the resignation of a Commission in the Line, should have involved the resignation of one held by the same person by brevet.
All circumstances show that Major Gibson did not intend or understand at the time, that the resignation of the one Commission involved in it the resignation of the other, also. — for it seems, that at the time of receiving his Brevet Commission in 1779. He was serving a Lieutenant in the Corps of Light Infantry — That in 1780 He served as an Aid-de-Camp, to General Irvine — That He lost his health in the beginning of the year 1781 by hard duty at the revolt of the Pennsylvania Line. — That for His recovery under the advice of His Physicians He was obliged to take a sea-voyage, and thereupon in May 1781. thereon resigned His Commission of Lieutenant, whereby He became exonerated entirely, from duty in the Regiment to which He belonged. — That in making this resignation, He sent in His regimental Commission only , which was endorsed by the Commander in Chief, but retained His Brevet Commission which remained un-endorsed. — That in Nov on his return 1781, from His sea-voyage He offered His service to General Irvine as Aid-de-Camp, but that place in His absence had been occupied by another — That He received His pay and subsistence, from the time of His resignation, to the 1 st January 1782. — of a Captain in the Line of the Army — And that the war, being then in effect over, having no regimental command, and no other service being assigned to Him, He retired from Camp, but never resigned His independent Commission of a Captain by Brevet, which He held to the end of the war without Pay, or Command or Pay. after the 31 st of December 1781.

Sir,
X
Petersburgh Sept 10 th - 1788
Since the death of Mr. Pierce I have been much at a loss, till now, to know to whom I was to apply on the subject of a claim which has long since been made by me for commutation and arrears of pay, you I believe & must have been acquainted with the obstacles to it heretofore - That of establishing from the records of the Commander in Chief that my Brevet was not resigned. This Mr. Pierce in a letter to me of the 20 th Feby last suggested as the only means whereby he would be justified on the subject, and this, by the inclosed which I received the other day from Genl. Washington, will I think do away all scruples which have heretofore existed. The resignation of Regimental Commissions took place x 16 th May 1781 - previous to my knowing of your appointment I had wrote the President of Congress on the subject that in case there was no succession to Mr. Pierce my matter might be again laid before Congress who once already refer'd it to Mr. Pierce who was not then furnished with the enclosed proof which would effectually have governed him. I have now only time Sir to request your attention to this affair as early as you can and will beg you to drop me a line on the subject by the first post. My Brevet with some certificate of Doct. Rust's

on the subject, must be among the papers of our departed friend, which I'll thank you to forward me whether you are satisfied
I am Sir yrs
J. Gibbon
Joseph Howell Esq
& the brevet was sent in order to shew, that it was not like the other, been forwarded for resignation being uninvited in the manner usual in cases of resignation
X Mount Vernon Aug. 1 st 1788
Sir,
I received your letter of the 16 th ult o and can only advise you (respecting the subject to which it refers) that upon a recurrence to the General orders, I find your Brevet promotion announced to the Army in the words of the re- solve of Congress, and that by farther researches among the memorandums of Resignations, I can discover nothing more on the subject - what was the understanding at the time when you resigned your Regimental Commission, I can not at this distant period undertake to say - but I do not think it was absolutely necessary that the resig- nation of a Commission in the line should have involved the resignation of one held by the same person by Brevet - Congress or their Commi ee

ones for settling the Army accounts must be the discretionary judgments of right and propriety in these cases -
With due regard am Sir
Y r ob t Serv t
G. Washington
Major James Gibbon
Office of Army accounts New York October 3 d 1788
Sir,
X
Your letter of the 10 Sept with a copy of General Washington's certificate enclosed reached me a few days since -
Mr. Pierce in his letter of the 20 th Feby last informs you that it was the opinion of General Knox & Irvine that your resignation must be deemed conclusive; the Secretary of War being absent prevents me from consulting him on the propriety of admitting your claim in consequence of the certificate now transmitted; as soon as he returns which I expect will be in about four weeks I

shall lay the matter before him & give you the result immediately - I much fear the Acts of Congress of the 30. April 1788. The 1. April 79 & the 10 Septem r 1783 will operate against you - however the Certificate will certainly have its proper weight, and I shall feel myself happy in ha- ving it in my power to inform you that a dif- ference in opinion should now prevail - I would suggest to you the propriety of transmitting the original certificate of Genl. Washington as I conceive it necessary -
Note 3 Your commission was sent by Col. Pierce to Col. Johnston as appears by his letter of the 20 Feby last -
I am Sir
J. Howell Jr
Cap t James Gibbon Peterborough,
4.
X New York June 3 d . 1789
Received of Joseph Howell Jun r Commiss y of Army acct s one Certificate N o 94,995 dated this day for Three hundred & thirty three \frac{70}{90} dollars on interest

from the 1 Jany 1782 being for pay & Subsistence from May 12. to 31 Decem r 1781 as a Captain in the line of the late Army -
333 \frac{30}{90} D o
J. Gibbon
The foregoing copies of letters are taken from the Record Books preserved from destruction when the public Buildings were destroyed in their office.
3rd Office June 18. 1828
Copied for Major Gibbon.
Richd. Hays

The statement of James Gibbon a Captain in the Line of the army of the revolution —
That he rec d an appointment in the troops of the Penn a Line as early as Dec r 1775 at which time he was ordered on the recruiting service - then at the age of Sixteen —
That in the month of July 1779, he was honored by Congress, with a brevet of Captain, as a reward for supplied services - at that time, he was a Lieut. in the 6 th Penn a Regiment - but then acting in the Corps of Light Infantry under the command of Gen l Wayne That in the Spring of 1780 he was invited by, and did join Gen l Wayne as his aid de Camp, in which capacity he served till after the route of the Penn a Line in Jan y 1781 When the routed troops were all discharged —
That in March 1781, he sent his resignation of the Regimental Commission, under which he had not acted for 12 or 15 mo s previous - this commission was extended to him sometime in May 1781 with the following endorsement "Lieut. Jas. Gibbon at his own request is permitted to resign the duty under the two Comp s being incompatible was a reason for so doing - the brevet giving rank only in the line of the army - and having done duty under the brevet only for a long time previous - was not resigned"
That I never did, nor ever contemplated such a thing, is most true. in corroboration of which evidence will be seen in a letter (copy) from one to Gen l Irvine dated Nov r 1781 & but recently found among some old papers - to all this I most solemnly testify so far as my recollection of facts & events at this particular can possibly warrant
Gibbon
Richmond
Jan y 24. 1829

Commonwealth of Virginia City of Richmond. To Wit:
(This day James Gibson came before me Joseph Tate, Mayor of said city, and being duly sworn, did depose that the foregoing statement, (on the other side of this folio written) con- tains the truth. In witness whereof, I have hereunto set my hand and seal, this 24 th day of January A. D. Eighteen-hundred and twenty-nine.
Joseph Tate, Mayor of the city of Richmond

Remarks on the Case of Major James Gibbon (By Aaron Ogden)
1. If it had been the intention of Major Gibbon to have resigned both his commission, he would naturally have sent them both to the Commander in Chief, at the same time.
2. If Major Gibbon had purposed that he had resigned both his commissions he would not have offered himself to serve as an aid-de-camp to General Irvine, knowing, that all aid-de-camps must be taken from commissioned Officers, and that he had resigned the of Lieutenant.
3. The receiving of Pay and Subsistence by Major Gibbon, as a Captain in the line of the army from the time of the resignation of his Lieutenant's commission (in May 1781) to the 31 st December 1781, is undoubted proof, that, in accordance with the opinion of General Washington the resignation of the one commission did not involve in it, the resignation of the other.
4. It is most probable, that Major Gibbon was excluded from his pay and subsistence after the 1 st January 1782 and from his commutation, on the ground that after that time, he was not in actual service and so not on any muster roll. — but this is no bar to the benefits of the act, if he was an officer on the 2 d of October 1781 — whether he was reduced under that act, or whether he retired from camp for want of a command, without resigning, provided, he remained liable to be called into actual service at the pleasure of the Commander in Chief.

Record Division.
October 10, 1906.
Mrs. J. W. Williams,
# 824 Farragut Street, E. E.
Pittsburgh, Pa.
Madam:
In reply to your letter dated the 5" and received the 7" instant, you are advised that in the claim Sur. File No. 13,138 , it appears that James Gibbon who was born in 1759, received an appointment in the Pennsylvania Line December 1775, and was ordered on recruiting service. July 1779 while Lieutenant in the 6th Pennsylvania regiment he received a Brevet as Captain, for gallant conduct at battle of Stony Point. Spring of 1780 he was Aid-de-Camp to Brigadier General Irvine, and served until after the revolt of Pennsylvania Line in January 1781. The resignation of his regimental commission was accepted in May 1781, but he received pay as Captain till December 31, 1781.
He was allowed pension on an application executed September 8, 1838, at which time he resided in Richmond, Virginia. He died July 1, 1835 leaving no widow.
Elizabeth wife of Richard Randolph, and Mary wife of William Carter, who was a widow living at Williamsburg Virginia in 1842, were the only surviving children.
Very respectfully,
Commissioner.

1893, July 11, Hist. to Jos. Wheeler city. J.C.O.
1908 Oct. 16 Hist. to Mrs. J. W. Williams. V.L.R.
Reborn
13188 INVALID.
File No. 13 138
James Gil. boom Capt. R.R. war.
Act: June 7th 1832.
Index :—Vol. 1 , Page 142
[Arrangement of 1870.]

James Gibbon. Capt. V a act 15 May '28 - last paid?
4 Oct. '42
GMC
Died 1 st July 1835, Paid in full 1 st gr. 1836 ~
PJM

James Gibbon re at 15 May 1828 - The exact amt. paid him from March 31 - to 1 July 35 when he died?
12 Oct - 42
G. S. [initials]
The Voucher cannot be found in our present confusion of the Pension Acts - but presume Mr. Gibbon was paid in full for 4 years 3 m. and 28 days amounting to $1,957.32. - should you wish the voucher of the 1st gr. 1836, when we are arranged better, it will be furnished - your obt Servt B. S. Beman
To Mr. Cummins P. Office

13126
to
13150
To be Recorded
Millen
April 79.

Petition of James Gibbon
29 December 1808
Referred to the Committee Whole House on the bill to make provision to discharge certain unsatisfied Claims
27 th February, 1810. Ref d to the Committee of Claims.
g to K
no rules
11 Cong s
Mr Clayton
re d Corners who have on file John Shatton Washington. re d claims

To the Honourable the Congress of the United States
The petition of James Gibbon respectfully shews, that as an Officer in the Revolutionary war he served in the Army as early as 76 that in the year 79. he was honoured by congress with Brevet Promotion in consequence of a duty successfully performed in the Attack of the enemys Post at Stony Point, at which time he held a commission of Lieutenant in the 6 th Pennsylvania regiment; that early in the year 80. he joined the family of Brigadier General Irvine in the capacity of Aid d'Camp in which station he remained till the revolt of the Pennsylvania line and did not again join his regiment inasmuch as the duties of the commission held therein were incompatible with that he was honoured with; that in the performance of a duty assigned him by Governor Reed at the time of the revolt he contracted an alarming complaint in the parts which by the advice of Physicians rendered an immediate change of climate necessary essential to his preservation; in consequence of which he went to the West Indies and returned much benefited, having immediately reported himself to General Irvine as ready to resume his station; Genl Irvine being then on duty to the Westward, it appears, that having previously resigned the regimental commission altho' he never resigned the Brevet, he was so returned by the Regimental Pay Master and was thereby deprived the emolument &c which every other Officer recd. That in the year 84 he applied to Congress then sitting at New York and had leave to withdraw his Petition.
The circumstances which induced an unfavourable report in his case, by the Secretary at War, to whom his Petition was referred, were such, as would, had they been known to your Petitioner in time, have been obviated in the fullest manner. a statement of which is herewith annexed. your Petitioner therefore respectfully solicits your honourable body to reconsider his case and grant such relief regarding the commutation &c of which he has been deprived as may in their wisdom and justice be proper.
J. Gibbon

Q118
#
13.138

Washington Feb 12 th 1829
Dr Sir
I have examined the journals of Congress in the Clerk's Office, and find that in the 1800. Major James Gibson presented a petition for commutation which was committed - that in 1810 - the same petition was after - and that no report was ever made thereon, and nothing further was done in regard thereto.
I am very respectfully,
Your obedt Servt
Baron Astor
Henry Duane Officer

Sir
Washington June 23. 1828
1
Having been at Washington some days, in each of which I made attempts to see the Sec y of the Treasury ineffectually & finding you engaged, I could not consent to press an interview, as I had very little more, as an object, than to show my respect to a gentleman who either in public or private station I hold in high estimation -
an interview would have been desirable, certainly, particularly as it regards the operation of the new tariff, on which subject, no instructions have, I understand, as yet, emanated from the department - which will be the more desirable as it imposes new duties on the Collectors & part of the law will go into immediate operation - on this subject, I shall submit, some observations hereafter, being obliged to return home immediately -
I shall also take y r . Liberty, to refer you to copies of some documents I have obtained since, here on the subject of my claim to the pittance, allowed, under the late act of Congress, to the few survivors of the revolution -
Did you see those documents and are informed of the course I had pursued, to obtain what I have never ceased, to consider myself entitled to, from an active service of near seven years in the revolutionary war; I will not attempt to task y r . feeling, or my partiality, you may be disposed to show me - I will only here assure you Sir that I have never lost sight of this claim & I will add further, that no consideration under heaven, would induce me to verify, in the manner I will do, if required, the facts which I will state - This done, I will hope you may be enabled to do me a particular justice, in admitting, my claim under the late law.
accept Sir the assurance of my perfect respect -
Libby

(Copy)
Revolutionary Claims.
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT,
13 Feb 1829.
Sir:
Your claim, under the abovementioned act, having been examined, you are found to be entitled to the pay of a Captain of Infantry — in the Continental Line. The amount which may be due, accordingly, will be remitted by the Treasurer of the United States, to the attorney whom you have authorized to receive it.
I am, sir, very respectfully,
Your obedient servant,
(Signed) Richard Rush.
James Gibbon Esq. Richmond. Va.
True Copy Francis H. Skinker Treasury Dept. 21 August 1829. Pennsylvania Ave

Richmond Aug-25. 1829
I have rec d by The hands of Mr. Campbell Esq r a Land warrant (N o 1538) for Three hundred acres of Land, under an act of Congress of the 15 th April 1808
Isaac Gibson a Captain in The lines of The army of The revolution in

In addition to what of petition of the subscribers contains, the following observations; all made upon the report made in Jan y 1790 by the Secretary at War upon the application then made to the house of representatives.
The report states that Cap t . Gibbon and McCallin their claims were in all respects similar - as to mere situation they were so - but differing in a material point; proof appearing of the possible resignation of the latter when there was neither intention, nor any evidence of intention in the former to do so - Cap t . Gibbon did resign a regimental commission in J. Spring of 81. upon which he had in no case acted from J. date of the brevet, the duties being incompatible - the one being of a subordinate grade, beside that in all that time he had acted as Aid De Camp to a Gen l . Officer - and he did make a distinction, the more was necessary - because it was evident that the resignation of a commission of inferior rank could not involve with it, one of superior, and when this point Cap t . Gibbon obtained a conclusive opinion from Gen l . Washington to whom he wrote at Mount Vernon in 91 or 92 with a view to revive his Claims at some future day - This letter with a certificate of Dr. Hutchinson, was deposited with Mr Beckly the Clk of the House, for that purpose, but has been lost or mis laid and he has been unable to recover it - The Certificate of Dr. Hutchinson went to shew that he advised the immediate departure of

Col. Gibbons, for the West Indies, not merely as a recommendation, but en joined as a measure essential to his very existence, and his return would have received additional weight, had it been known, that the complaint which made the step necessary, was contracted in his performance of a duty assigned him by Governor Reid at the revolt of the troops of the Penn a Line.
and it is asserted with confidence that on his return from the West Indies, he had formed no other plans of life which could forbid him to perform any service the public might assign him, in proof of which, immediately on his return from the voyage, he wrote to Genl. Irvine in whose family he had acted that his health was so much restored by the trip, as to make it desirable to resume his station, that he heard from Genl. Gervase. There is the Westward, who had taken Dr. Rose as his aid on Camps there being then no other vacancy nor any duty he could be called on to perform - the Generals recommended him to remain in Philad a . where with care to effect a complete restoration of his health - That in 82 he received an invitation to join Genl. Wilkinson who was ordered into Army at the head of his Brigade of Militia, merely because it was probable, he might be called on to take a station in Army again - that upon the same ground he refused repeated offers of command in the Militia of the City of Philad a .
That altho' his absence from the country was not sanctified, by either an application to, or the leave of Congress, who at all times were alone competent to grant it, from not knowing that fact at the time - Yet it is

not doubted that such leaves could have been promptly obtained as his situation was at the time well known to many Gentlemen of that body with whom he was acquainted - That at his departure from the country the Head Quarters of the Army was at New-berg a distance of 200 miles from Phil a . The communication irregular & inconvenient & the rapid progress of his disease made it necessary for him to avail himself of the first conveyance I presented, which the certificate of Dr. Hutchinson went in the fullest manner to prove - That he was told by Mr. Pease who had acted as Compt r of Army Acc ts that that Certificate with the letter of Gen l Washington appeared while his papers were looked, there could have been no objection to allowing the  very Claims - added to this Col e Bland who presented my memorials in 89 admitted that the two cases of Gibson & McCallister had been allowed to be connected, as the committee to whom it was referred had the fullest evidence of the resignation of the one. (Mr c Callister) while there was nothing to substantiate the other
The act of Congress of April 78 upon which the Sec y of War in his report lays much stress, must necessarily have disqualified that officer from reporting otherwise than he did, inasmuch as it became a law for his government -
opposed to this however the justice of Congress and the equity of the case, could have been forcibly appealed to: for it certainly could not have been intended - that a succeeding act, which was designed as an honorable mark of their approbation, should have been rendered abortive and so essentially injure

The object of that approbation as a line discipline of the enrol- ments every other officer rec d , in same cause, those who never saw an enemy or performed a turn of duty
Gibbons

No 94. Certificate for £ 200. 0. 0. Specie
We do certify that the State of Pennsylvania, is indebted to Captain James Gibbons P.C. of the 6th Pennsylvania Regiment, in the sum of two hundred pounds Specie with lawful interest from the 10th day of April 1781, being part of the amount of the residue of the depreciation of his pay, pursuant to two Acts of assembly passed at Philadelphia, the 18th of December 1780 and the 10th of April 1781.
Philadelphia April 27th 1781
Mo Nicholson Da Jackson } Auditors
No 95. 3 Certificate for £ 227: 2: 6. Specie.
We do certify that the State of Pennsylvania, is indebted to Captain James Gibbons McCamp, of the 6th Pennsylvania Regiment in the sum of two hundred and twenty seven pounds two Shillings and six pence Specie with lawful interest from the tenth day of April 1781, being part of the amount of the residue of the depreciation of his pay, pursuant to two acts of assembly, passed at Philadelphia, the 18th of December 1780, and the 10th of April 1781
Philad a April 27th 1781
Mo Nicholson Da Jackson } Auditors
Auditor General's Office of Pennsyt a Harrisburg September 19th 1842
I certify that the foregoing are correct copies of the original (canceled certificates) on file in this department In testimony whereof I have hereunto set my hand and seal of office
Wm H. Packer for J. Krauss Aud. Genl.
Feb 1. 50

May 4 1844
2501
Major Gebney J. H. Edwards Esq.

Washington 4 th May 1844.
Dear Sir,
I am inclined to think, that in adjusting Maj r Gibbon's claim for Staff pay, you allowed only one half of the amount to which he was, by the law entitled. His service as an Aid de Camp for twelve months; was proved: The pay of an aid, was $24. per month, in addition to the lineal pay: The act of 1832. gave him one half of this, for a service of twelve months: Maj r Gibbons pension, was, $480. per annum; but could not exceed $600. wherefore; although his Staff pay was $12 he could only be allowed $10. which would increase it to $600. the maximum allowance; and you allowed $5. per month, as will be seen by reference to the papers.
If I am correct in my statement, he was entitled to $5. per month more than was allowed; and if it be admissible, I ask you to correct the error.
I salute you most respectfully
Richard Randolph.
J. L. Edwards.

James Gibbon No 1538

State of Virginia
County of Henrico
City of Richmond
I James Gibbon of the aforesaid City, do certify upon oath, that I am now twenty years of age, that in the early part of the Year 1776 I received a commission in the 5 th Regiment of the Pennsylvania Line Commanded by Col. Robert M c Dow, that I continued as a Captain in the line of the Army until it was disbanded, as will fully appear by reference to the Treasury department, by which I have become entitled to the benefit of the act of May 15 th 1828, that I have never received a warrant for said bounty and promised to me on the part of the United States, nor have I ever assigned nor transferred my claim in any manner whatsoever,
Gibbon
I know all men by these presents, that I James Gibbon aforesaid do hereby constitute and appoint John Campbell Esq. to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary at War of the United States, a warrant for the quantity of land due to me as aforesaid and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him for the special purpose above, expressed
Gibbon
We Edmund W Rootes and Richard Randolph of the City of Richmond do upon oath declare that we have been long acquainted with Major James Gibbon whose name is subscribed to the above, affidavit and we do believe that he is the identical person he therein represents himself, and we do believe that he performed the military service therein stated,
E.W. Rootes
City of Richmond Set
Richard Randolph
Before me Joseph Tate, Mayor of the City aforesaid, personally appeared the above named James Gibbon, Edmund W Rootes and Richard Randolph and each of them made oath to the truth of the Certificate which are by them subscribed,
Given under my hand and seal, in said City, this Twelfth day of August, A. Eighteen hundred, and twenty nine,
Joseph Tate Mayor of the City of Richmond.

Case of Major James Gibbon of Richmond In Virginia is most respectfully submitted by his Agent Aaron Ogden.
Major Gibbon being a Lieutenant in the 5 th Pennsylvania Regiment at the time of the attack on the British Post at Stony Point, on the Hudson River, received from Congress the appointment of a Major by Brevet for his gallant conduct in leading up the forlorn hope.
Sometime in 1781 Major Gibbon, on account of ill health, was not able to do duty in the field, and for this reason resigned his Commission of Lieutenant, while he retained that of a Brevet Major.
After the recovery of his health, Major Gibbon offered himself ready for service, whenever he might be called upon, and so continued without any actual command until the end of the War.
The question is, whether Major Gibbon by having resigned his regimental commission, is now to be deprived of those benefits, to which by the act of May 15 1828. he would have been entitled under his Brevet rank, - for if he had never been a regimental officer, he would have been equally entitled, with General Armstrong, Major McPherson, Col. Gemat, Major Galvan and many others, who never had regimental commissions, but rank only by Brevet Commissions.
All the Foreign Officers, having Brevet rank have received their commutation in France in specie,

on the ground of their having been within the provisions of the half pay act, although they had no actual command at the end of the War.
It would seem to be an invidious distinction, if American Officers who were Brevetted for gallant actions, should be in a worse condition, than foreign Officers having Brevets without any such particular merit.
The words of the half pay Act are general and without any exception - Under its provisions every Officer who should continue in service to the end of the War should have the benefits of it - there is no distinction between Officers by Brevets and other Officers - and it is most respectfully submitted - whether Major Gibson under the Act of 15 May 1828 is not now entitled to that pay which he would have received in the Revolutionary Army if he had been called into actual service according to his Brevet Rank, and whether the contrary would not be a rigorous construction of an Act which was intended for the relief of all surviving Officers who were in actual command or liable to be called into command at the termination of the War.

Payment to be made at Washington D.C. by J. P. Van Ness Esq. Agent for paying Pen- sioners, in the Agency of
the District
Recorded in the Pension Office, in Book C. Vol. 6 Page 111 by
Theos. Moody Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States, of the 7th June 1832,
James Gibbon deceased, late Pensioner under  the District of Columbia the act of 15 May 1828 on the of a agency. He who was an Aid de Camp and Captain, in the rev y . war was entitled to receive Five Hundred and forty dollars per annum, during his natural life, commencing on the 4 th of March 1831; but having died on the first day of July eighteen hundred & thirty five the amount due up to that date is payable to Mary du Carter and Richard Randolph for his late wife Elizabeth Randolph only surviving children of said James Gibbon deceased.
Former payments under the Act of 15 th of May 1828 annuity to p. to be deducted, which amount To
Given at the War Office of the United States, this Eleventh day of October one thousand eight hundred and forty-two.
Signature gone when claim was examined Feb. 23. 1906 Examined and } Countersigned. } AW

O. W. and M.
Div.
Ex'r.
No.
Co.
Reg't
—o—
Return this letter with your reply.
J. C. B.
Department of the Interior. BUREAU OF PENSIONS.
Washington, D.C. July 11, 1893.
Sir:
In response to your request for a statement of the military history of James Gibbon, a soldier of the Revolutionary War, you are informed that he was appointed a lieutenant of the Pennsylvania Line in December, 1775, and assigned to the recruiting service, being then sixteen years of age. In July, 1779, he was brevetted captain by Congress "in consequence of a duty successfully performed in the attack on the enemy's post at Stony

O. W. and N.
Div.
Ex't.
No.
Co.
Reg't
—o—
Return this letter with your reply.
Department of the Interior. BUREAU OF PENSIONS.
Washington, D.C., _____, 189
Point," under General Wayne. In 1780 he was made an Aide-de-camp on the staff of General William Irvine. In 1781 he went to the West Indies on account of his health. The date of his application for pension was September 8, 1828, at which time he was living at Richmond, Va. He died July 1, 1835.
Very respectfully,
Hon. Joseph Wheeler, M.C. Commissioner Washington, D.C.

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To Agent -
Pension Office Washington D.C.
My Dear Sir
Will you kindly send me the official record of one "James Gibson" who served in War of Revolution, for admission of his great great grand daughter to D. H. R. as he was granted a Pension, I am in hopes you may be able to give us a record of his birth and death, or where he died. He was born in Ireland, but have no record any more complete than that. Thanking you in advance, also for past favors I am
Yours respectfully
Anna M. Lindsay Williams # 824 Faragut St - E.E. Pittsburgh Pa
Obtain the file
Mrs J. M. W.